Third Party Visitation in MD after Troxel

1
Third Party Visitation in MD after Troxel

• Brice v. Brice, 133 Md.App. 302 (2000)
• Same facts as Troxel
• MD grandparent statute not unconstitutional on
  its face but the statute was unconstitutionally
  applied to the facts in this case
• In re Tamara R, 136 Md.App. 236 (2000)
• Sibling visitation ordered over fit fathers
  objection
• Troxel compels the court to apply a rebuttable
  presumption in favor of parents who oppose a
  non-parents petition for visitation with their
  custodial children
• Presumption rebutted by showing of harm

2
Types of Mediation

• Problem Solving
• Transformative
• Evaluative

3
Lawyers as Mediators

• Ethical Issues Conflicts Confidentiality
  Non-Attorney Practice of Law Mediation and
  Domestic Violence
• Training Varies from jurisdiction to
  jurisdiction
• MD -Need not be lawyer
• -40 hours of general mediation training
  plus 20 hours specialized training if
  child access mediation
• See Title 17, Md. Rules Vol. 2
• Practice Opportunities
• - Mixing mediation with traditional law
  practice
• - Building a mediation practice

4
Forming Families Outside of MarriageRights of
Unmarried Cohabitants

5
Enforcing Obligations Between Adult Cohabitants

• Theories of Recovery Under Marvin v. Marvin
• Express contract will be enforced as long as it
  doesnt rest upon unlawful consideration.
• Implied (in fact) contract contract arising
  from conduct of parties one party contributed
  services or property with the expectation of
  receiving property and/or support in return.

6

• Any non-contract theories of recovery for
  unmarried cohabitants?
• claims based on title to property
• (e.g. tenancy-in-common)
• constructive trust
• implied-in-law contract/unjust enrichment

7
Treatment of Unmarried Cohabitants by 3rd Parties

• Given the same benefits as married couples?
• Historically no governmental or employer
  benefits unless married
• Since 1980s some states (HA, CA, VT) and
  some municipalities and private employers
  extend some benefits to families formed outside
  of marriage
• Distinction between children and adults in
  families formed outside of marriage